The Transylvania Times -

Legal Notices for April 9, 2018

 

April 9, 2018



17 SP 9

AMENDED NOTICE OF FORECLOSURE SALE

North Carolina, Transylvania COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by James R. Lestoric and Kim P. Lestoric to PRLAP, Inc., Trustee(s), which was dated September 18, 2003 and recorded on September 19, 2003 in Book 000193 at Page 000764, Transylvania County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on April 23, 2018 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

TRACT I: Being all of Lot 10 of Sapphire Village Subdivision as more particularly described in a deed from Kenneth J. Wilson and wife, Laura E. Wilson, to Francis B. Longley and wife, Marguerite E. Longley, dated April 27, 1977, and recorded in Book 226, page 622, Records of Deeds for Transylvania County to which reference is hereby made for a more complete description thereof. Also being all of the same land described in a deed from Francis B. Longley and wife, Marguerite E. Longley, to Joe B. Baldridge and wife, Emily G. Baldridge, dated October 31, 1983, and recorded in Book 264, page 321, Records of Deeds for Transylvania County. There is also conveyed hereby and herewith a right-of-way to the public road over and along the private roads which now connect the land hereinabove described with the public road, said right-of-way to be for travel of all kinds, on foot and with all types of vehicles, with the right of ingress, egress and regress over and along the same in common with all others entitled to the use thereof. TRACT II: Being all of Lot 11 of Sapphire Village Subdivision as more particularly described in a deed from Kenneth J. Wilson and wife, Laura E. Wilson, to Joe B. Baldridge and wife, Emily G. Baldridge, dated October 11, 1971, and recorded in Book 192, page 507, Records of Deeds for Transylvania County, to which reference is hereby made for a more complete description thereof. There is also conveyed hereby and herewith all water rights, water line rights-of-way, well and reservoir access rights-of-way, road rights-of-way and other rights and rights-of-way set out in the deed recorded in Book 192, page 507, hereinabove referred to, subject, however, to all water system and road maintenance obligations, restrictive covenants, road easements, utility line easements and water system easements set out in said deed including specifically a 40 foot wide easement for a central system for obtaining water for other residences in Sapphire Village Subdiv-ision which is located within a radius of 40 feet from a stake located in the center of the unnamed circle (driveway) located at the easternmost corner of Lot 11 of Sapphire Village Sub-division. Tracts I and II hereinabove described being all of the same land, rights and rights-of-way described in a deed from Joe B. Baldridge and wife, Emily G. Bald-ridge, to James Douglas Baldridge and wife, Court-ney R. Baldridge, dated August 24, 1990, and recorded in Book 332, page 270, Records of Deeds for Transylvania County.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 263 Village Way and Lot 10 adjacent to 263 Village Way, Sapphire, NC 28774.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are James R. Lestoric and Kim P. Lestoric.

An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)]. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive

Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No .: 16-21467-FC01

M/4/9/2TC-68237

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-112

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Betty Davis Hensley of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Betty Davis Hensley to present them to the undersigned on or before July 3, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 2, 2018.

Traci Hensley Ballenger

85 Sawyer Lane

Horse Shoe, NC 28742

M/4/2/4TP-68223

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-111

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Joe LeVeigne Hensley of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Joe LeVeigne Hensley to present them to the undersigned on or before July 3, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 2, 2018.

Traci Hensley Ballenger

85 Sawyer Lane

Horse Shoe, NC 28742

M/4/2/4TP-68222

________________________________________________________________________

IN THE GENERAL COURT OF JUSTICE OF North CAROLINA

SUPERIOR COURT DIVISION

Transylvania COUNTY

17SP45

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY VERONICA HOWELL DATED JANUARY 26, 2007 AND RECORDED IN BOOK 392 AT PAGE 435 IN THE Transylvania County PUBLIC REGISTRY, North CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 12:00PM on April 23, 2018 the following described real estate and any other improvements which may be situated thereon, in Transyl-vania County, North Caro-lina, and being more particularly described as follows:

All that piece, parcel or lot of land, with improvements thereon, lying, being and situate in the County of Transylvania, State of North Carolina, and being more particularly described as follows:

BEING all of Lot 14, according to the Survey of Verdery and Duckworth Subdivision, as recorded in Deed Book 30, page 640, in the Office of the Register of Deeds of Transylvania County, State of North Carolina.

Being the same property conveyed by Thomas Mack Gardin, unmarried to Veronica Howell, unmarried dated 9/12/2005 and recorded 9/16/2005 in Book 308, Page 207 in the Register’s Office for Transylvania County.

The Parcel/TMS number for said property is 8585-39-3796-000.

And Being more commonly known as: 235 Duckworth Ave, Brevard, NC 28712

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Veronica Howell.

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.

SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is March 22, 2018.

Grady I. Ingle or

Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

M/4/9/2TC-68170

________________________________________________________________________

Notice of Public Hearing

City of Brevard

2018 Parks and Recreation Trust Fund Application

The Brevard City Council will hold a public hearing on Monday, April 16, 2018. The hearing will begin at 7:00 p.m. or as soon thereafter as possible in the Council Chambers of the Municipal Building located at 95 West Main Street to consider the following:

The City of Brevard is seeking a grant from the North Carolina Parks and Recreation Trust Fund (PARTF) to acquire lands for the Tannery Park and Mary C. Jenkins Community Ceter projects. These acquisitions will aid in improving the overall design and functionally of the Tannery Park and Mary C. Jenkins Comunity Center.

The Tannery Park project is located off of Cashiers Valley Road and Silversteen Drive and is approximately 25 acres in size. The Mary C. Jenkins Community Center is located at the intersection of Cashiers Valley Road and Mills Avenue and is approximately .8 acres in size.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to the application. The plans for the site are available for review and are on file in the Brevard Planning Depart-ment and available for public inspection during normal hours, Monday-Friday, 8:30 a.m. - 5:00 p.m. For additional information you may call the City Planning Department at (828) 885-5630.

This 28th day of March, 2018.

Jill Murray

City Clerk

M/4/2/2TC-68209

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO: 18-E-73

IN THE MATTER OF THE ESTATE OF VICTORIA I. LARKIN

EXECUTOR’S NOTICE

Having qualified as Administrator of the Estate of VICTORIA I. LARKIN of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of VICTORIA I. LARKIN to present them to the undersigned on or before July 2, 2018, or the claim will be forever barred thereafter. All persons indebted to said estate please make immediate payment.

This the 2nd day of April, 2018.

Tony C. Dalton, Administrator

c/o Ashley B. Fortune, Esq.

542 South Caldwell Street

Brevard, NC 28712

M/4/2/4TC-68207

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 18-E-89

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of George L. Neill of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of George L. Neill to present them to the undersigned on or before June 26, 2018, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 26th day of March, 2018.

Todd J. Webb,

Personal Representative

c/o Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

ATTORNEY:

Michael K. Pratt

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

828-884-4113

M/3/26/4TC-68164

________________________________________________________________________

STATE OF North Carolina

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-85

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Naomi H. Keogh of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Naomi H. Keogh to present them to the undersigned on or before June 19, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 19, 2018.

Allen T. Keogh

166 Millbrook Drive

Brevard, NC 28712

M/3/19/4TP-68089

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-88

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Jacquelyn Richards of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Jacquelyn Richards to present them to the undersigned on or before June 19, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 19, 2018.

Sharon R. Pulliam

935 Glen Cannon Drive

Pisgah Forest, NC 28768

M/3/19/4TP-68113

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-109

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Sandra Bryson Lasater of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Sandra Bryson Lasater to present them to the undersigned on or before July 3, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 2, 2018.

Martha B. Mathis

PO Box 147

Rosman, NC 28772

M/4/2/4TP-68215

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18-E-114

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Betty Rogers Nicholson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Betty Rogers Nicholson to present them to the undersigned on or before July 3, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 2, 2018.

Roger F. Nicholson

70 Beckaruth Lane

Pisgah Forest, NC 28768

M/4/2/4TP-68225

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18E62

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Administrator CTA of the Estate of Elsa Lee Moses Whittemore of Transyl-vania County, North Carolina, this is to notify all persons having claim against the Estate of Elsa Lee Moses Whittemore to present them to the undersigned on or before July 9, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 9, 2018.

John Carroll Whittemore

39 Gossett Road

Candler, NC 28715

M/4/9/4TP-68298

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18E119

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Frank Clyde Summey of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Frank Clyde Summey to present them to the undersigned on or before July 9, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 9, 2018.

Tracy A. Manoogian

1175 Deer Chase Circle

Cedar Mtn., NC 28718

M/4/9/4TP-68322

________________________________________________________________________

STATE OF North CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

File No. 18-E-115

IN THE MATTER OF THE ESTATE OF Luzelle B. Owenby, DECEASED

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Luzelle B. Owenby (Estate File Number 18-E-1118), deceased, late of Transyl-vania County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the decedent and/or the estate of said decedent to exhibit them to the undersigned in care of Gilreath Shealy Law, PLLC, 224 6th Avenue East, Hender-sonville, NC 28792 on or before July 9, 2018, or this Notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said decedent and/or decedent’s estate will please make immediate payment.

Dated the 9th day of April, 2018.

Wells Fargo Bank, N.A., Executor of the Estate of Luzelle B. Owenby, Deceased

Adam L. Shealy, Esq.

Gilreath Shealy Law, PLLC

224 6th Avenue East

Hendersonville, NC 28792

M/4/9/4TC-68326

________________________________________________________________________

EXECUTOR’S NOTICE TO CREDITORS

Having qualified as Executrix of the estate of SHERRY ANN WICKER, deceased, late of Transyl-vania County, North Carolina, this is to notify all persons having claims against the said estate to present such claims to the undersigned at PO Box 2188, North Wilkesboro, NC 28659, on or before the 25th day of June, 2018, or this notice will be pleaded in bar of their recovery.

All persons indebted to the said estate will please make immediate payment.

This the 26th day of March, 2018.

PEGGY G. MIKEAL

Executrix

Law Offices of Robert G. Greene, Jr., PLLC

Robert G. Greene, Jr., Attorney for the Estate of SHERRY ANNE WICKER

PO Box 2188

North Wilkesboro, NC 28659

(336) 838-8800

M/3/26/4TP-68116

________________________________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 18E122

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Administrator CTA of the Estate of Joan Eileen Krill of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Joan Eileen Krill to present them to the undersigned on or before July 9, 2018 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 9, 2018.

Robert D. Krill

98 Bird Song Road

Penrose, NC 28766

M/4/9/4TP-68338

 
 

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